Orkaden Estate vs The Assistant Provident Fund ...
2024 Latest Caselaw 9545 Ker

Kerala High Court

Orkaden Estate vs The Assistant Provident Fund ... on 4 April, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WP(C) NO. 16346 OF 2016
PETITIONER:

             ORKADEN ESTATE,
             (NOW A DIVISION OF MANIKAL ESTATE), M/S. TRAVANCORE
             RUBBER & TEA CO. LTD., MUNDAKAYAM.P.O., IDUKKI
             DISTRICT-686513, REPRESENTED BY ITS CHIEF EXECUTIVE
             MR. R. SIAVARAMAKRISHNA SARMA.
             BY ADVS.
             V.ABRAHAM MARKOS
             ABRAHAM JOSEPH MARKOS
             HARAN THOMAS GEORGE
             ISAAC THOMAS
             NOBY THOMAS CYRIAC


RESPONDENTS:

       1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
             EMPLOYEES PROVIDENT FUND ,ORGANIZATION, SUB-
             REGIONAL OFFICE, ADITYA SABARI TOWER, POST OFFICE
             ROAD, THIRUNAKKARA, KOTTAYAM-686001.
       2     THE RECOVERY OFFICER,
             EMPLOYEES PROVIDENT FUND ORGANIZATION, ADITYA
             SABARI TOWER, POST OFFICE ROAD, THIRUNAKKARA,
             KOTTAYAM-686001.
       3     EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
             SCOPE MINAR, 4TH FLOOR, CORE-2,LAXMI NAGAR, NEW
             DELHI-110 092
             BY ADV SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    04.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.16346 OF 2016

                                  2


                         JUDGMENT

The petitioner has filed this Writ Petition challenging

Exts.P2 and P3 orders passed under Section 14B and 7Q of

the Employees Provident Fund and Miscellaneous Provisions

Act, 1952. At the time of filing this Writ Petition itself, the

petitioner had approached the Appellate Tribunal by filing

Ext.P4 appeal.

2. The learned counsels for both parties submit before

me that Ext.P4 appeal is disposed and provided copy of the

order dated 24.09.2021 of the Central Government Industrial

Tribunal-Cum-Labour Court, Ernakulam in Appeal No.

197/2019 and connected cases.

3. In view of the modification of the impugned order

by the Appellate order, no further orders are necessary in this

Writ Petition.

Accordingly, this Writ Petition is dismissed reserving

right in favour of the petitioner to challenge the Appellate

Order, if so required.

SD/-M.A.ABDUL HAKHIM JUDGE lsn WP(C) NO.16346 OF 2016

APPENDIX OF WP(C) 16346/2016

PETITIONER EXHIBITS P1 TRUE COPY OF LETTER DATED 16/7/2012 AND DEMAND DRAFT ISSUED BY THE PETITIONER TO THE REGIONAL COMMISSIONER, EMPLOYEES PROVIDENT FUNDS, KOTTAYAM. P2 TRUE COPY OF ORDER DATED 3/12/2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER P3 TRUE COPY OF ORDER DATED 18/11/2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER P4 TRUE COPY OF THE APPEAL DATED 5/1/2015 PREFERED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN